[WSBAPT] Charity Distributions

Thu Jun 17 09:21:49 PDT 2021

Yes, she says she signed a disclaimer with Schwab, but I have not seen it.  

 <http://www.bwattorney.com/> www.bwattorney.com |
<mailto:betsy at bwattorney.com> betsy at bwattorney.com | 206.705.3613 | 5608
17th Ave NW, Ste 1181, Seattle, 98107

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Philip N. Jones
Sent: Wednesday, June 16, 2021 12:12 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Charity Distributions

Did Client sign a disclaimer?  If not, what kind of a document did she sign?

Philip N. Jones

Duffy Kekel LLP

900 S.W. Fifth Ave. Suite 2500

Portland, OR 97204

pjones at duffykekel.com <mailto:pjones at duffykekel.com> 

(503) 226-1371 - office

(503) 853-1482 - cell

(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Heather de Vrieze
Sent: Wednesday, June 16, 2021 11:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Charity Distributions

This is ever a challenge. I had one a few years ago where the custodian of
the IRA wouldn't distribute to any of the charities until all had
appropriately submitted their paperwork. That actually helped, because some
of them were quite anxious to get it distributed and they pushed to make
sure the others got their stuff in.

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
betsy at bwattorney.com <mailto:betsy at bwattorney.com> 
Sent: Wednesday, June 16, 2021 11:04 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Cc: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> 
Subject: [WSBAPT] Charity Distributions

Hi all,

I have a situation that seems unusual to me, but that perhaps some of you
have encountered before.  Client was named PR in the Will and beneficiary on
the Schwab IRA account.  Client also received the residue of the estate.
The Will specifically called out the Schwab IRA account to be divided
amongst 8 different charities.  The 8 different charities were also the
alternate beneficiary on the Schwab IRA beneficiary designation forms. 

Decedent orally informed Client that it was important to him that the Schwab
IRA go to the charities, and she wants to honor that wish.  Schwab had her
decline her beneficiary designation so that the 8 charities alternate
beneficiary designation would control.  That was in December of 2019.  Ever
since then, client has worked constantly to try and get Schwab to disperse
the money to the charities.  She succeeded with 5 of the charities, but has
spent almost a year now, with no luck so far, trying to get the remaining
money to the last 3 charities.  The three charities are Planned Parenthood,
North City Helpline and The Nature Conservancy.  Schwab has closed the file
on her at least three times without dispersing; she has had to call and
escalate the call to finally get someone to recognize that they have not yet
dispersed and to reopen the file.  There is excessive finger pointing-
Schwab claims the charities have not filled out the paperwork, the charities
say they haven't received it, then everyone stops trying.  This is very
frustrating for client because she wants to be at peace with knowing that
Decedent's money got to the charities and it is enough money ($125,000 left
to be divided in thirds) that she doesn't want to just give up.  She wants
to either reclaim the money as her own (I don't think she can do this but
maybe someone knows of a rule where a gift is abandoned if not claimed
within a certain time frame?), Schwab tells her she cannot do this, or she
wants to accomplish the distributions.  She has been calling and writing a
letter campaign to these institutions for a year now.  Any thoughts or ideas
for her?  The Washington probate is already closed, but she could reopen it.

It seems that Schwab should be motivated to get the money out its door to
the beneficiaries and the charities should be motivated to receive their
money.  What am I missing?

Thanks,

Betsy

 <http://www.bwattorney.com/> www.bwattorney.com |
<mailto:betsy at bwattorney.com> betsy at bwattorney.com | 206.705.3613 | 5608
17th Ave NW, Ste 1181, Seattle, 98107

NOTICE:  The information contained in this email may be confidential and/or
legally privileged.  It has been sent for the sole use of the intended
recipient(s).  If the reader of this message is not an intended recipient,
you are hereby notified that any unauthorized review, use, disclosure,
dissemination, distribution or copying of this communication, or any of its
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in error, please contact the sender by reply email, or at (206) 705-3613,
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